Alok Sharma, J. - (1.) THE main issue in the writ petition is whether a medical certificate of disability issued by a Medical Officer of the Union Territory of Delhi is valid to avail the quota reserved for persons with disabilities in services of the State of Rajasthan.
(2.) THE Rajasthan Public Service Commission (hereinafter "RPSC") has challenged the order dated 24/25.07.2014, passed by the Commissioner, Persons with Disabilities, Rajasthan, Jaipur (hereinafter "the Commissioner") so holding on a complaint (No. 70/2014) filed by the respondent No. 1 - -Hunny Chugh. The Commissioner has directed that the respondent No. 1's disability certificate issued by the Medical Officer in the Office of the Medical Superintendent, Sanjay Gandhi Memorial Hospital, Mangol Puri, Delhi be accepted by RPSC and the respondent No. 1's name be recommended consequent to his selection to the State Government for appointment to the post of Programmer whereupon the Secretary, Department of Personnel Government of Rajasthan take necessary action. The background facts are that RPSC issued an advertisement on 02.05.2013 for appointment of 173 Programmers under the Rajasthan Computer State and Subordinate Service Rules, 1992 (hereinafter "the Rules of 1992"). Reservation to various categories as mandated by law was provided including for persons suffering with disability as per the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter "the Act of 1995"). General instructions in the advertisement on the issue of reservation provided that reservation on posts in issue would be as provided under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules, 2011 (hereinafter "the Rules of 2011"). Candidates with physical disability were required to submit a certificate of disability above 40% as issued by the authorized Medical Officer of the State of Rajasthan in the prescribed format.
(3.) RESPONDENT No. 1 applied for the post and was provisionally allowed to participate in the selection process. In the result declared on 10.03.2014, he was placed at merit No. 182. On then receiving a detailed form submitted by the petitioner, RPSC noticed that the requisite certificate of disability had not been issued by a Medical Officer of the State of Rajasthan, but by one in the office of the Medical Superintendent, Sanjay Gandhi Memorial Hospital, Mangol Puri, Delhi. In the circumstances, vide letter dated 14.07.2014, the respondent No. 1 was required to furnish a certificate of disability as per its instruction i.e. from a Medical Board of a hospital in the State of Rajasthan.;